JUDGES OVERRULE DRUG CONVICTION

Supreme Court Says Jury Possibly Swayed By Profile Of Courier

A California man convicted of smuggling cocaine wrapped in pink Barbie
paper won a new trial Monday because a judge let a detective testify that
the man met a "drug courier" profile.

Jose Salcedo was sentenced to 24 years in prison after Denver police
Detective Dennis Petersohn described the profile of behavior he said he
developed over years of experience.

Petersohn testified drug couriers often display religious symbols such as
crosses or Bibles to dispel suspicion; rarely wear wristwatches because
they have no concept of time; seldom carry books or magazines because they
are too nervous to read; buy one-way tickets with cash; and arrive from
"source cities" such as Los Angeles, San Diego, El Paso, Phoenix and Tucson.

The Supreme Court's ruling Monday overturned a decision by the Colorado
Court of Appeals. That court also said the judge shouldn't have allowed the
"drug courier" testimony, but it decided the mistake was harmless.

The Supreme Court said the inadmissible testimony about profiles likely
contributed to the jury's finding Salcedo guilty. It said any innocent
person could meet the "drug courier" profile.

Salcedo arrived at Denver International Airport on May 1, 1995, from Los
Angeles.

Petersohn, a plainclothes detective, noticed Salcedo. Salcedo wore a cross
around his neck, but no wristwatch. He carried no books or magazines. He
wore a shirt and jeans, unlike many other passengers in business suits. He
had no carry-on luggage. He appeared nervous.

After Salcedo retrieved a black suitcase from baggage claim, police stopped
him. They learned he bought his one-way ticket that day for $140 in cash.

"That's not my bag," Salcedo, breathing heavily, told the officers. "I am
just carrying it for someone. I don't know what's in there. You can take
fingerprints. Mine aren't in there."

When they looked inside the suitcase, the officers found women's clothing,
men's underwear, a stuffed animal and three kilograms of cocaine wrapped in
pink Barbie paper with a purple bow. The street value of the cocaine was
about $750,000.

Salcedo said his friend in California had brothers who needed help for one
month at a dairy farm in Colorado. All necessities, including clothing,
would be provided. Salcedo said his friend asked him to deliver the
suitcase to his brothers.

However, Salcedo didn't know the name or location of the dairy and did not
bring a toothbrush.

The Supreme Court called drug courier profiles "notoriously elastic and
ill-defined." It said courts nearly always reject them as substantive
evidence of guilt.

"Law-abiding citizens frequently wear crosses, do not wear wristwatches,
travel in blue jeans, and decide not to bring books, magazines, or carry-on
luggage on planes," Chief Justice Mary Mullarkey wrote for the unanimous court.

"People with clear consciences may appear nervous because they are afraid
of flying, unfamiliar with their surroundings, anxious about meeting
relatives, or concerned about making a connecting flight," Mullarkey wrote.

Contact Karen Abbott at (303) 892-5188 abbottk@RockyMountainNews.com.